The Authority Outline Of Court In Criminal Executive Procedure

The very essence of criminal procedure is a judicial procedure,so that it shall provide remedies to certain people that may be infringed upon by unreasonable behaviour and to guarantee the national power of punishment legitimately and in time.An alleged administrative criminal procedure,however,departs from the essence in the structure of action and the proceeding of action , and the authority of the court is similar to those executive power. So the studies on court and judiciary system have been one of important issues of the research on judicial reform. But most of the current research are focusing on the background of macroscopic field, the research of microcosmic field have not been taken note to.The thesis begins with the analyses of the power of the court to observe the court's two powers in the field of criminal execution—Jurisdiction and Criminal execution powers. By analyzing the power of court in our country, the thesis tries to explain the power of the court in the field of criminal execution. Through the analyses of the model of Jurisdiction and the harmful of the criminal execution power ,the author wants to rethink the system. The purpose of the analyze is to rebuilding the role of court in the field of criminal execution, and also to activate the whole criminal execution field.This thesis includes five chapters:At the beginning of the thesis, the author defines some notion of related, including execute and criminal execute, and compares criminal execute with criminal execute in the field of criminal execution.In the part two, the author anaylze the two powers of jurisdiction and criminal execution power, through anaylzing the appearance and the attribute, defines the Jurisdiction is judicial power,and the Criminal execute power is the administration power.In the three section, the author rethought the Jurisdiction, through analyzing the model of Jurisdiction, to observe the power is not judicial power, but is similar to those executive power, and then analyzes the process and reasons of being influenced by administration power in the Judiciary system.In the part four, the author believes that Criminal execution power is due to both internal causes and external causes. Then the author explain that the criminal execution—organization have criminal execution—Jurisdiction and Criminal execution power,which lead the Criminal execution power more concentrated, lack the clear authority division and the reasonable responsibility mechanism, and seriously influence the development of execution work. Simultaneously the court's Criminal execution power is contradiction with the court's core power—Judicial power. This caused the judicial authority negative neutrality is contradicted withthe Criminal execution power positive those,which both vacillated the court neutral judge status, and caused to carry out the efficiency lowly and so on many negative effects.At the end of the thesis, the author suggests to rebuild power system in the filed of criminal execute process for the court criminal execution power is harmful to judiciary system. Therefore, the author pointes out that to eliminate the court's Criminal execute power. Under the criminal execution integration instruction, the author suggests to set up the special execution of execution.Because the restructure of Criminal execution power is involve to our country criminal law readjusting, moreover involves to the court, the Public security organ and the judicature Administrative organ's authority assignment, the difficulty is big. So the author suggests that it should dispel the court's Criminal execution power first, then proceeds in an orderly way in the existing system's foundation, advances the integration process gradually. When locates the jurisdiction with carries out the power relations, the author proposed that the jurisdiction influence to Criminal execution power, and establishment "new" binary system. The new dual system is different woth the court' Criminal execution power for the leadership, it intends to one kind with to carry out the power restriction and the poising action through the jurisdiction. Enables the court to utilize the jurisdiction nimbly in the executive routine, realizes penalty's linkage, makes the penalty type multiplicity, thus it can activates execution.Simultaneously the author also proposed to set up the real judicial style and judicial review system in the field of criminal execute process.